LALTA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. The four accused ap pellants named above were convicted by Sri J. P. Sharma, the then Ilnd Addl. Sessions Judge, Banda, vide his judgment and order dated 16-12-1980, under Section 396, I. P. C Lalta Prasad, Ram Jiyawan and Sukhlal were sentenced to undergo R. I. for a period of five years, Sohan Lal being a young lad of tender age was let off on the basis of the period already undergone. Aggrieved by the said judgment the accused appellants came up in appeal before the Court.

(2.) DURING the pendency of the appeal Lalta Prasad and Sukh Lal had died and the report of their death was confirmed by the C. J. M. Banda as per his report dated 14-6-97. Their appeal, therefore, has abated and this appeal proceeded as against Ram Jiyawan and Sohan Lai.

(3.) THE conviction of the accused appel lants rests upon the direct testimony of P. W. 1, Sri Krishna Dutt Agmhotri and P. W. 2 Smt. Vidya Devi, w/o Sri Krishna Dutt Agnihotri, who both named the accused appel lants Ram Jiyawan and Sohan Lal as the culprit and supported prosecution version on the point that besides others they too have actively participated in the occurrence in question. Besides these two witnesses of fact who claimed to have been the injured in the incident in question, the prosecution examined Sri Ram Das, P. W. 3, Sri Chhabi Lal, P. W. 8, Sri Raj Kumar, P. W. 5, Sri Benchu Lal, P. W. 6 as witnesses of the fact who all stated the factum of dacoity but showed their ignorance on the point that the accused appellant Rani Jiyawan and Sohan Lal were there amongst the culprits. THEy all were declared hostile. P. W. 7 was Head Constable Bishambhar Nath, who proved chick report and G. D. report. P. W. 3 was the Investigating Officer of the case who immediately rushed to the scene of occur rence and prepared site plan Ex. 4 and saw the lantern which was burning on spot at the time of occurrence. P. W. 9 was another Sub-Inspector of police who subsequently inves tigated into the matter and had arrested Sukh Lal and Munshi Lal. P. W. 10 was Con stable Chandra Dutt Bajpai who has given evidence about Munshi Lal for keeping him Baparda. P. W. 11 Sri R. C. Dixitwas Deputy Collector Banda on 2-11-79 who conducted identification proceedings in respect of Munshi Lal and Babu Lal who were real brothers of accused appellant Ram Jiyawan. THEy were however, acquitted by the trial Court itself on the ground that the iden tification evidence as against them was not reliable.